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When Alfred E. Smith was elected Governor of New York in 1919, he asked his friend Judge John W. Hogan to perform his official private swearing in. When again elected Governor in 1923 following his 1920 defeat, Smith once more called on the same friend to perform the private oath that returned him to office.
Judge John W. Hogan was born in Troy, New York on November 10, 1853. He moved to Watertown when he was six years old and spent most of the early part of his life there. Hogan attended a parochial and private school as a youth and upon graduation entered the law office of Justice Pardon C. Williams. Admitted to the bar in 1876, Hogan was soon involved in Democratic politics. He served two years as the city attorney of Watertown, a post he was appointed to by Mayor Denis O'Brien.1 When O'Brien became state Attorney General in 1884, Hogan moved to Albany to serve as his deputy, where he worked for over 10 years throughout the terms of O'Brien, Charles Tabor, Simon Rosendale, and Theodore E. Hancock, a Republican.2 His longevity in this post is an indication of his excellent record as an attorney and his popularity among leaders in Albany.
In 1894, Hogan married Ms. Louisa Smith of Ottawa and left the Attorney General's office due to failing health. He then spent more than a year in the South, recuperating. In 1896, Hogan entered into a partnership with Theodore E. Hancock, who was still the state Attorney General, forming Hancock, Hogan, Beach & Devine in Syracuse. Hogan became a recognized leader within the Onondaga County Bar, the State Board of Charities, and the Knights of Columbus, where he was held in the highest esteem.3
In 1912, Judge Hogan was nominated by the Democratic party, along with William Cuddeback,4 as a candidate for the Court of Appeals. Woodrow Wilson, on the presidential ballot for the first time in 1912, helped to sweep the Democratic ticket into office. Judge Hogan defeated Judge Frank H. Hiscock5 in this election.
In his 11 years of service on the Court, Judge Hogan wrote a wide array of opinions on subjects as diverse as criminal, estate, contract, municipal liability, tort, and family law. These opinions reveal Judge Hogan's judicial style as concise and straightforward. Hogan left the Court of Appeals in 1923 when he reached the constitutional age limit of 70 years and went into law practice with Bonynge & Barker in Manhattan.
Judge Hogan died suddenly on January 30, 1926 at the age of 72 in the Copley-Plaza Hotel in Boston. He was taken to Boston the week before to see a noted physician for treatment for arteriosclerosis. Funeral services were held at the Church of St. Ignatius Loyola, at Park Avenue and 84th Street in New York. Upon his passing, the judges of the Court of Appeals wrote in his memorial:
He came here in full maturity of his powers. A lawyer of experience and ability, his long service in the office of the Attorney-General made him especially valuable in cases involving contracts made by the State or the powers and duties of its administrative officers. He had a fair and open mind. No preconceived prejudices led him astray. . . . In preparing for work Judge Hogan spared neither time nor labor. No precedent bearing on the case before him was not examined. He came through thoroughly ready with reasoned conclusions illumed by his knowledge of the law and his own great common sense. While vigorously supporting his opinions, he was always ready to listen to the views of his associates, and when convinced or doubtful had no pride or obstinacy that led him to persist in error. No harsh word, no caustic criticism, was ever heard from him. When his judgment did not prevail he assumed that he was mistaken, that the majority was right. He well knew that many questions permit of two answers, each given with equal honesty, each supported by logical arguments, appealing to different types of mind. To the final decision he was ever loyal.
Chief Judge Frank H. Hiscock, upon Hogan's death, stated:
He had deep religious convictions and an unyielding sense of fundamental right and wrong, and he followed those convictions firmly and unalterably. . . . The fact that we had been opposing candidates in 1912 never clouded our friendship for a minute and I learned greatly to appreciate and respect his personal and judicial qualities and ability. . . . He was industrious and painstaking and he brought to his work an ability and capacity which constantly grew and ripened and which made him a most useful and honored member of the court. There could be no finer example of a conscientious recognition of a devotion to official duties and obligations than was displayed by Judge Hogan.6
Edward O'Hara, the publisher of The Syracuse Herald noted upon Hogan's death, "[he] served the people with strenuous honesty and unselfishness and the high esteem in which he was held was his reward."7
Judge Hogan was survived by his wife, Mrs. Louisa Smith Hogan, and two daughters, Mary Louise and Kathleen Hogan. He is buried at the Gate of Heaven Cemetery in Mt. Pleasant, New York.
Judge Hogan was survived by his wife Louisa, who died in 1945, and their two daughters, Mary Louisa and Kathleen. Both daughters were involved in charitable activities; neither married. Mary Louisa died in 1966, and Kathleen, before that, at a date not discovered by your editor.
This biography appears in The Judges of the New York Court of Appeals: A Biographical History, ed. Hon. Albert M. Rosenblatt (New York: Fordham University Press, 2007). It has not been updated since publication.
Sources Consulted
Fathers, Sons and Brothers, available at http://www4.law.com/ny/Courts/docs/cap/juris&hi/
Memorial, 242 NY 607 [1926].
New York Times, Ex-Judge Hogan Dies in Boston, January 31, 1926, at E8.
New York Times, Marriage Announcements, June 6, 1894, at 8.
New York Times, Smith is Governor; Takes Official Oath, January 1, 1923, at A1.
New York Times, The Attorney General Staff, January 1, 1892, at 2.
Syracuse Herald, Judge John W. Hogan Dies, January 30, 1926.
Syracuse Herald, Syracusans Extol the Virtues of Judge John W. Hogan, January 31, 1926.
Published Writings
We are unaware of any books or articles of Judge Hogan's.
- Denis O'Brien (1837-1909) served as an Associate Judge on the Court of Appeals from 1889 to 1907. His son, John F. O'Brien (1874-1939), was appointed an Associate Judge of the Court of Appeals by Governor Alfred E. Smith to fill the vacancy caused by the election of Judge Benjamin N. Cardozo as Chief Judge in January 1927.
- Theodore E. Hancock was the paternal grandfather of Stewart F. Hancock, Jr., who served on the Court of Appeals from 1986 to 1993.
- Syracuse Herald, Judge John W. Hogan Dies, January 30, 1926.
- William H. Cuddeback (1852-1919) served as Associate Judge on the Court of Appeals from 1912-1919.
- Frank H. Hiscock (1856-1946) returned to the Court of Appeals a year later and in 1916 became Chief Judge.
- Syracuse Herald, Syracusans Extol the Virtues of Judge John W. Hogan, January 31, 1926, at 19.
- Id.


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Law school sustainability on the move
Open gallery
As the year-long, all-campus Sustainability Task Force wraps up with creating institutional goals and guidelines to be implemented next year, dedicated L&C Law students have been collaborating to institutionalize sustainability initiatives on the law school campus.
SBA Natural Resources Committee Representatives, together with faculty, and Ann Marie Rubin of ELC and several motivated recruits, are working to keep sustainability in the forefront and facilitate student involvement. Ann Marie is creating a blog (which will soon be available at: http://www.lclark.edu/law/student_groups/environmental_law_caucus/sustainability.php. )
where students may contribute their accomplishments, critiques, and innovative ideas on how to make L&C Law a more sustainable place to be.
Ultimately, SBA NR Reps and ELC Reps will serve as the student voice on the Sustainability Subcommittee (official name to be determined) of the Natural Resources Committee. The Sustainability Subcommittee will comprise faculty, students, and facilities staff and work to move sustainability efforts forward and prevent backsliding. By adding this duty to the job description of the NR Reps and ELC Reps, student sustainability efforts will not wax and wane as they have in the past. Additionally, one of the student reps will also likely sit on the all-campus Sustainability Council to represent the law school's interests to the overall College sustainability initiative.
We also hope to create a Student Advisory Board of members of all interested student groups (i.e., CATS, EJA, SABER, NEDC, ELC, and the SBA Transportation and NR Reps) to meet perhaps once a semester and provide student input on sustainability.
If you or someone you know is interested in contributing, or have questions or comments, please contact Rachel Guthrie, Jenny Loda (SBA NR Co-Reps), or Ann Marie Rubin (ELC Co-Chair).
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Hardback, Macdonald, reprint, 1984. Book condition: ex-library but with minimal markings, a good copy with dust wrapper in plastic.
Volume 2 in the 15-volume A Chronicle of Ancient Sunlight series.
The publisher's blurb for the first edition (1952) states: 'This is the story of a London boy from the period of just before the Boer War to the first few years of Edward the Seventh's reign. The boy, whose early life was saved by ass's milk, gets the nickname of Donkey Boy. He is a wild, naughty, romantic little creature, and most of his doings and escapades are seen through the eyes of his parents, aunts, uncles and grandparents, whose stories are woven into his development. He is a child of his age, of his human connexions. The scenes are varied and rich with authentic life of the period: Derby Day at Epsom, early motoring into Kent, big box-kite flying on the hill near the Crystal Palace, Mafeking Day, etc. It is an unusual family, that of the Maddisons, still overshadowed by the dissipations of a grandfather, a country squire whose extravagances in the past are considered to have ruined the family, so that now they are neither one thing nor the other, living in a part of Kent which has been swallowed up by the County of London.
'Phillip Maddison, the "donkey boy", is the cousin of Willie Maddison, of the well-known series of novels – The Beautiful Years, Dandelion Daysetc. – which comprise The Flax of Dream; and the publishers believe that this new novel will appeal to all readers of that famous book, for Mr Williamson's insight here is mature and balanced, and his sympathy extended to all human beings unexceptionably.'
(For a further consideration of the book and the background to the writing of it, see Anne Williamson's Donkey Boy.)
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Cable subscribers are fed up with paying for channels they don't want. But solving the problem involves battling a powerful broadcast industry and murky legal issues.
That's why Chet Kanojia isn't surprised that his startup Aereo, a streaming service for live broadcast TV (but not cable), has attracted controversy. And lawsuits.
Kanojia is very familiar with how the traditional broadcast TV business works. He worked with many of the bigwigs before selling his TV advertising startup Navic Networks to Microsoft (MSFT) in 2008, so he figured they wouldn't be pleased with his new idea: a service called Aereo.
Aereo lets subscribers watch live broadcast TV on Internet-connected devices, or record shows to watch later. Occasional viewers can buy a $1 day pass (recordings are stored for 10 days), while heavier users can purchase an $8 or $12 monthly package or an $80 annual subscription.
Before Aereo launched in New York in early 2012, Kanojia and his team made the rounds at broadcasters' offices to explain the approach. None of them cheered Aereo, but Kanojia wasn't waiting for broadcaster approval to move forward. He had already scored financial backing, and he had confidence that he was on solid legal ground.
"We expected it to be controversial," Kanojia says. "But we went in with an open kimono, and explained what we were doing. Some were appreciative. Some were more, 'Hmm. I wonder what this means for us.' And some were in disbelief, saying we were lying or exaggerating about what we created."
After Aereo's New York launch, most of the major broadcast networks and local TV station owners quickly filed copyright infringement lawsuits against Aereo, including ABC parent Disney (DIS), CBS (CBS), Fox owner News Corp. (NWS) and Comcast's (CMCSA) NBC Universal. (CNNMoney parent company Time Warner (TWX) is not involved in any litigation against the company.)
Aereo's defense is its technical setup, which the company insists makes its service legal. It houses thousands of tiny antennas in its data centers, and it assigns each customer a unique antenna. Aereo argues that the service works just like a legal DVR. Broadcasters say it's an unfair dodge based on a technicality, and Aereo should have to pay them to re-transmit their programming.
Related story: Aereo: The fight is not over
It's early in the court process, but the first ruling has already gone Aereo's way. Last July, a Manhattan federal court denied the broadcasters' request for a temporary injunction to shut Aereo down. Judge Alison Nathan agreed with Aereo's "we're like a DVR" defense, citing a 2008 case in which Cablevision (CVC) won on those grounds.
Broadcasters have vowed that the legal war is not over. But it was an important battle for Aereo to win. Barry Diller, who became an Aereo board member last year after his company IAC (IACI) led a first round of funding, told The New York Times Aereo could not have survived if the judge had granted the injunction.
Instead, the injunction strikedown gave Diller the confidence to move forward with a second round of funding, he told the Times.
Aereo's other existing investors, including Highland Capital Partners and FirstMark Capital, joined IAC in a $38 million round of funding last month. The company is using that money to launch in 22 new U.S. cities, including Atlanta, Boston, Philadelphia, Dallas, and Houston, later this year.
Watch: Live, local...illegal? Online TV's new war
In the meantime, Aereo will continue fighting its New York-based legal war and potentially face more. It is notably avoiding California, where it may face a chillier legal climate in the entertainment capital of Los Angeles. In December, an L.A. court ruled against an unsubtly named knock-off service of Aereo called "Aereokiller," granting a preliminary injunction to shut it down. The judge's decision acknowledged the conflicting legal views different jurisdictions appear to have regarding systems like Aereo's.
However Aereo's legal battles shake out, Kanojia believes he has the high ground.
"This is a moral crusade for me as a consumer, not even as a businessman," Kanojia says. "We wanted to give consumers a choice, and show that things don't have to be the way they are. In that sense, I feel that we've already won."


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Non-Fiction Reviews
The Fires of Vesuvius: Pompeii Lost and Found by Mary Beard
- The Fires of Vesuvius: Pompeii Lost and Found
- Belknap Press, 384 pp.
Unlocking the Mysteries of Ancient Pompeii
Discounting the ravages of over 250 years of excavation and exploitation by collectors and trampling tourists, the city of Pompeii, famously frozen in time in the year 79 AD, continues to offer the most complete material presentation of classical antiquity. This unique completeness, showing rather than telling of life in ancient Rome at a peak period of empire, makes a visit to Pompeii extraordinarily rewarding for even the most casual visitor.
But at the same time the complexity of studying and analyzing what was an entire city, surrounded by outlying farms and villages and resorts, is extraordinarily difficult. As Cambridge classicist Mary Beard points out in the Introduction to her brilliant The Fires of Vesuvius: Pompeii Lost and Found, "The bigger picture and many of the more basic questions about the town remain very murky indeed." It is Beard's achievement to have maintained the highest possible level of scholarly inquiring while synthesizing what is known today about Pompeii into a single, accessible and delightfully readable volume. To such a huge task, she brings impeccable credentials: she holds the Chair of Classics at Cambridge and is a Fellow of Newnham College. She is classics editor of The Times Literary Supplement and has published books on, among other things, the Parthenon and is co-author of one on the Roman Colosseum. The British School at Rome has an active program at Pompeii, from which she took benefit; and she was also a Visiting Scholar at the Getty Villa in Los Angeles.
The murkiness begins with the number of inhabitants: 15,000, perhaps, but then tens of thousands more lived in the neighborhood, but no one knows for sure. Nor is the distance separating the town from the seafront known with certainty, and archaeologists are still trying to fix the shoreline with its bays; two lagoons seem to have stood between sea and Pompeii, but no one knows for sure.
Examples of past misreadings by scholars long dead also abound. A wall painting in the macellum, the market hall off the main Roman forum in Pompeii, depicts a woman traditionally described as an artist holding a palette against a background of fantasy architecture. Today she is interpreted as holding a dish of offerings to the gods. Even the date of the eruption, conventionally given as August 79 AD, can be challenged for, as Beard points out, a coin datable to the following September was found in the rubble caused by the eruption. A large quantity of autumn fruits were also found, along with evidence that victims were wearing clothes presumably too heavy for a summer day in the Gulf of Naples.
Pompeii thus offers a total picture of life in ancient Rome, but it is often out of focus, given the complexity. For student and tourist and even many scholars, this means tough choices. What is to be studied in Pompeii, its daily life or its arts and architecture; its water systems or its business records; its agricultural economy or its methods of food preservation; its amphorae factories or its sex-for-hire; its life at the moment of the eruption or its pre-eruption eight centuries of life; the DNA of its skeletons or the trade in wheat and wine? Whatever the topic, there are dozens of experts, but, as one of the great Pompeiian scholars of papyri remarked to me, "Outside of my field, I'm an amateur."
Experts too have problems. Serious and innovative studies at Pompeii are being conducted by Italians from numerous universities and by academics from some twenty foreign institutions. They tend to operate so independently that their first joint two-day conference to compare notes took place only last year. The new findings, which occasionally contradict the old givens, are published in various languages, with the result that merely updating the novelties is a major challenge.
Listing these difficulties is a preamble to saying that Beard has nevertheless produced the ideal companion volume to understanding Pompeii. She focuses on a number of central areas of life at ancient Pompeii: the life in the streets; houses and life in the home; painting and decorating of walls; labor and earning a living, from banking to slavery; how the city was governed and administered; "the pleasures of the body"; entertainments, from the theater to gladiatorial combat; and religion and death. One of her most welcome (to me) contributions is to unravel some of the more abstruse meanings of the countless sculpture panels and paintings which are among the greatest gifts Pompeii has given the world.
Her imaginative choice of illustrations includes one stone bas relief showing a metal worker's shop, in which, as two dogs and a child look on, a man beats with an anvil the hot metal held by another man with tongs. And she introduces us to some of those who lived in Pompeii, including Nigella, porcaria publica, or "public pig keeper." Then there is another woman, Faustilla the pawnbroker, who charged 3 percent monthly, and accepted as a guarantee for the loan a pair of earrings and two cloaks.
What is missing? Throughout Pompeii evidence of its crucially important trade with Egypt abound. Nilotic scenes decorate floors and walls, Egyptian motifs are inlaid into the black obsidian vases, the cult of Isis is celebrated in an important temple, but with no attempt to explain why Alexandria and Egypt were such important themes. The connection is all the more intriguing because Egypt and Pompeii both supplied Rome's million citizens with the wheat that was their staple food; over 30 percent of the amphorae shards found at Ostia Antica, Rome's port, bear marks from Pompeii, but 50 percent are from Egypt.
Nevertheless, in my personal library there are 130 books on Pompeii. Of all these, this is the one I would choose to read first.
Judith Harris was born in Lakewood, Ohio, and began selling articles to the "Cleveland Press" of Cleveland, Ohio when she was sixteen. A graduate of Northwestern University she is today a regular contributor to "ARTnews" of New York and to "Current World Archaeology" of London. She lives in Rome, Italy, with her partner David Willey. www.judith-harris.com


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Fracking, tar sand, shale oil: "immense historical error" / Short term profit interests decide about investments
With oil prices rising, "unconventional" oil and gas resources become attractive for investors: tar sands, shale oil and shale gas, which is extracted by a controversial technology called "fracking". The exploitation of these sources is an "immense historical error", Bardi says. Fracking might be even more climate-damaging than coal, as it releases Methane, a powerful greenhouse gas. Additonally, groundwater resources in vast areas have already been polluted by fracking, as in the US. Renewable energies are able to deliver much cheaper and cleaner energy – if environmental costs are taken into account. However, the system is not conceived to make such decisions, as it focusses only on short term, immediate profits."


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TechRadar Verdict
The D60 isn't so different from the D40x. The main changes are the anti-dust system, the new Nikkor 18-55mm VR kit lens and eye-sensor. The pictures are great, and the picture modes and retouching are impressive. The handling remains a sore point.
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Excellent pictures
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Some interesting improvements
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Great image retouching options
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Awkward handling
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Not much here unless you're a beginner
Why you can trust TechRadar
The D60 is Nikon's new 10-megapixel entry-level digital SLR.
It takes over from the D40x and, outwardly, it's very similar.
Under the skin, though, there are some significant improvements.
Fun new features from Nikon
For a start, the D60 gets a new dust-removal system, in line with most other digital SLRs on the market. It also has an eye-sensor just below the viewfinder eyepiece, which switches off the LCD when you put it to your eye.
The other news is the arrival of a new VR (Vibration Reduction) version of the 18-55mm kit lens, which we've used for our review.
Otherwise, there's not a lot to report. The body design is 'inherited' from the D40 series and is very small - perhaps too small. The lack of height in the body means your grip isn't as secure as it is with a larger camera, and the buttons on the back do feel a bit cramped.
For beginners
The D60 is designed for novices and for those who want to develop their photographic skills. For beginners, the interface is both clear and attractive, but for more experienced users it may prove irritating. First, you need to press an 'info' button to make the screen display interactive, and then use the navigational controller to highlight the option you want to change.
Once this is selected, you then use the navigational buttons again to scroll up and down a list of options. It's all very clearly laid out, but it's not quick.
It does seem a bit of a waste of the camera's Command dial. Couldn't this be used for changing the options in these menus? It would certainly save some time and mean less of this tedious button pressing.
LCD screen improvements
There's no secondary LCD on the D60, so the main screen on the rear is used for changing all the settings and status information. This was a bit of a nuisance on the D40 and D40x because the LCD stayed illuminated when you put the camera to your eye, only going out when you half-pressed the shutter release.
Nikon has fixed this now by placing a sensor below the viewfinder eyepiece so that the display disappears the moment you put the camera to your eye. The information display rotates when you turn the camera to take vertical shots, too, which is a nice touch.
The D60's body might be small, but the 18-55mm kit lens is fairly long, leading to a slightly unbalanced feel overall. It's hardly a major point, but it does mean the D60/lens combination is noticeably longer than the Canon EOS 400D and the Olympus E-410 especially.
Cheap Digital SLR
There are now two kit lens choices for this camera. The old-style non-VR Nikkor 18-55mm kit zoom is the cheapest option, with a list price of £500, but for just £30 more you can get a D60 with Nikon's new 18-55mm VR (Vibration Reduction) lens.
Nikon's VR works very well indeed, and this is a really good deal. It feels a well-made lens, too, given the price. The zoom and focusing actions are good for a budget lens, though the front element does rotate during focusing, so it's not so good if you use a polarising filter.
The picture quality is really very good. The D60 can shoot RAW files as well as JPEGs, but while you can get a slightly higher dynamic range out of the RAW files, there's very little difference in sharpness.
As long as you get the exposure right, the JPEGs are perfectly good enough. You can shoot RAW files and JPEGs simultaneously, but only with Basic quality JPEGs. This is rather disappointing, and it makes this feature much less useful than it could have been.
Image adjustments
There are a number of options for adjusting the image colour and contrast, and this could be confusing for some users.
You can choose one of the scene modes on the mode dial, or set the colour to one of a number of styles, including Standard, Softer, Vivid, Vivid+ and Black and White.
The scene modes are best for those who want the camera to choose the settings, while the manual adjustments will suit photographers who want to use the more hands-on PASM modes and choose to change the colour settings themselves.
RAW conversion
But the D60 goes further. In Playback mode it's possible to carry out basic in-camera image optimisation and enhancement.
What's more, if you shoot RAW files you can process these in-camera too, changing some of the camera settings and generating a second, JPEG version of the image.
Alternatively, you can process JPEGs on your computer using the supplied View NX image browser. This only offers a handful of RAW conversion options, but it's still useful.
Lighting effects
The Active D-Lighting system is interesting. This is another enhancement over the D40x, although it's already appeared on the D300 and D3. Nikon's D-Lighting system lightens dense shadow detail without affecting the midtones and highlights.
Previously, it was simply a software fix applied after the image was taken. Active D-Lighting, though, adjusts the exposure to make sure the image retains bright highlight detail, and then applies the shadow-lightening process.
Sometimes it works very well, holding good detail both in the shadows and the highlights in high-contrast scenes. Sometimes, however, the shadow 'masking' is visible as a sort of soft-edged 'glow' around the darker areas.
Limited appeal
This is typical of this kind of shadow adjustment and not a fault with the Nikon system. Sometimes it's useful and sometimes it's not.
The D60 scores highly for its picture quality and the range of options available for customising photographs, both as they're taken and once they've been saved. But while the control interface is easy, routine adjustments take a little too long.
It's great if you're a beginner, but the D60's appeal may wane as you learn and want to work faster.
Via PhotoRadar
The TechRadar hive mind. The Megazord. The Voltron. When our powers combine, we become 'TECHRADAR STAFF'. You'll usually see this author name when the entire team has collaborated on a project or an article, whether that's a run-down ranking of our favorite Marvel films, or a round-up of all the coolest things we've collectively seen at annual tech shows like CES and MWC. We are one.